Document XRjaDGZ5jBEXdMwoN7NBZJvvw

ZONOLITE DIVISION W. ft. OftACE A CO. fCHNOi:i MART LAI* CHICAGO. ILLINOIS 00634 '>S700 0. F. Stewart R. K. Sterrett January 9, 1968 Travelers Rest lione Office I _ PLAINTIFF'S | t EXHIBIT o i j ' WRG-320 C PERSONAL AND CONFIDENTIAL Dear Floyd: Through Mr. Burnett, President of J-M, I arranged for Peter Kostic to meet with Mr. E. Fenner, Director of J-M's Department of Environmental Control. For your confidential information, copy of Kostic*s report is attached. I plan 'to discuss this further with Taggart in the near future and will then advise further. Sincerely, RWS/jf CC: R. A. Bleich - Libby Attachments R. W. Sterrett 03215 r iX. i`/.( .L* A11JD Lf.'.'J PERSONAL AND CONFIDENTIAL - TO: R. W. Sterrett-Zonolite V Chicago FROM: Peter Kostic DATE: SUBJECT. CC: V. L. Taggart . L. Mears C. J. Dugan J. D. Kingery J. P. Canalane 06046157 January 5, 1055 On December 26, 1967, I met vith E. Fenner, Director of the Johns-"anvilie Department of Environmental Control, and C. Sheckler, Manager of Occupational Environmental Control at the J-M Research and Engineering Center in Manvilie, New Jersey. The purpose of our meeting vas to discuss dust problems and controls at'Zonolite, and core specifically at Libby. Since I'd knovn Fenner professionally, and Sheckler, professionally and socially, rapport vas quickly established. Prior to my setting up the appointment vith them, they vere apparently instructed by J-M's president, C. B. Burnett, to provide the advice and help I sought. Here are seme of the things that came <'"* *+ meeting: A. FOR r-S-EDIATS ACTIO.: 1. Conduct.Industrial Hvgiene_Survejl at Libby Because of differences of opinion as to the actual content of the dust, it vas their recommendation that a thorough Industrial Hygiene Survey be done as soon as possible at Libby. This vould involve sampling the air in mil vork areas vhere there is exposure to dust, and laboratory analysis ami count of the dust particles. I asked if such service might be available from the division of Occupational Health. U. S. Public health Service. "hey said that the bast ve could enpect from the:.: is a conference vith a representative at one cf their local offices. They are cverloaied nev vith nev ar.i different problems such as"*thaw of Fiberglass -hioh J-M has sought their help cr. for ever tvs yours. Since J-M has an Industrial hygienist end laboratcry about 50 miles up coast frer Santa Barbara, California, I askei if it couldn't be arranged for him to do the Job for us, DiA villing, of course. It vas their opinion that if ve make the request through channels (Burnett) J-M vould ccmply vith the request. Such survey vould tell us (1) composition of the dust. (2) n'o-.ber of dust particles in the air, (3) sice of the particles (this is important since only those particles less than 10 microns in sice are hazarccus), and (t) sources and/or areas of air ccntamination. From this ve vill kr.ov if v have problems. specific problem areas and severity of the problems. If ve get this service ana information from J-M, ve vill then be on our ovn (at least this vas the im plication). The Jsb cf identifying defective ventilating equipment, designin': nev or improved equipment, etc., vould be ours. Cnee their lnvircn.mer.cal Control group deteccs hazardous areas the problem is Virnsd over to their Central Engineerin' le'arcmer.c for correction. I suppose ve eculd pec sc.-.c `con-field, non-shop" help fr::. their engineers if ve need it. f R. W. Sterrett -2 Dust Control January 5, lT-u? 0604KISS 2. Work^Histories on_ 3_2_ Zrinloyees To provide examining physicians with all the information.and help they may need, complete and thorough work histories should be done on each of the 32 employees referred to in Chuck Dugan's letter of 12-5-67- Such histories should contain infomation similar to the attached sample Work History. (Before a foro for this purpose is finalized, I would suggest consulting with the physician as indicated in item 3, below. Ke may want to add a question or two.) 3. Physical Examinations and Studies Regarding the 32 employees shoving abnormal chest X-Ray pictures, it vas recommended that they be given complete and thorough examinations and tests by a physician well versed in pulmonary diseases. This should include respiratory i'unction tests and heart function tests as well as chest X-Rays. Purpose of such exams is to ascertain definitely what the lung abnormalities are. Then, if claims arise, ve will be in a position to fight those cases which are deemed not to have risen out of employment with Zonolite. It is J-M's experience that the cost of such exams and tests is approximately $200. B. POST SURVEY After it is recognized that we do have dust problems and the problem areas are identified, we should move fast in doing whatever had to be done to remedy the situation. This is of course to minimize dust inhalation by all employees, but most important to arrest lung contamination by the 32 forementicned employees. These employees, so far as ve luiov, are not presently disabled. If ve minimize their exposure to a dust level not exceeding 5 mppcf chances are ve may be able to keep then on the job until they retire, thus precluding the high cost of total disability. Although medical opinions differ, J-II's doctors and Industrial Hygienists feel that an acestosis contaminated lum'? will remain status cuo once further contamination is eliminated. It is interesting to none that astestosis victims do not die of asbestosis as such but rather from complications such as secondary lung infections or heart disease. c. dust co:;t?.o!s a-.t riverru*; allowable * Regardless of the percentage of asbestos dust particles in the air, our get! should be to keep the total dust count below 5 million particles per cubic feet of air. This is to say that the total count of all dust particles less than 1C microns in size should not exceed 5 mppcf of air. (It should be noted in reviewing our files that the percentage of asbestos dust et Libby had bean expressed at one tine or other as 6.2;.-, 12;j, 22.kO:# and 75w.) Although the J-I! people, anc tvo other authorities cn the subject vho I had contacted a^ree on the above mentioned 5 mere:' ecur.t, the maximum allowable concentration for asbestos dust is controversial. The Industrial Hygiene Foundation is currently circulating a cc:.muni cat ion which I have sear., proposing ` a 0.0 mppcf for asbestos dust. They apparently feel that any exposure to asbestos dust is hazardous, "ar.v doctors are of the orinicr. that there is a definite relatior.skio between asbestos oust ar.a certain tyres o: cancer. ar.ticiratts B. W. Sterrett -3Dust Control January 5, 1963 C DUST CONTROLS AI.'D ALLOWABLE CO.:C! 0804(159 that every cancer case among their employees vill be a potential Worlc.en's Compensation ease. The chances of developing as'oestosis at counts under 5 r.npcf are minimum. The nirzber of cases arising oi't of such exposures at J-.`! have been few in number over the years. At any rate, Fenner and Sheckler emphasized that Threshold Limits (ilAC) should be used r.s guides in the control of health hazards and should not be regarded as fine lines between safe and dangerous concentrations. D. L. P. WELSH CASE The ease involving former employee, L. P. Welsh, should be quickly settled out of court. Whenever it is proven to our satisfaction that an employee has developed an illness or disease while in our employ, especially in instances where a plant is located in a snail town, public relations could be damaged if the enployee is required to fight for his benefits through the courts. It was J-M's experience that e precedent settling out-of-court settlement of a case in a small town (Marshville, V,. C) was not necessarily a signal that the employer's cash register is open for all comers. The settlement, in this case, prompted only two additional though justifiable claims. E. AI3J5W:?LJuG_ AT:p_ KPTICIS. CCdUfll.p The accuracy and/or reliability in taking and counting dust samples by personnel attached to the local plant (as in the case of Libby) is questionable. If there is no alternative but to assign such responsibility to local personnel, an annual or sami-anr.ual chock should be cade by scuecne else such as a private consultant or P. Xostic. F. E?DOrea ZDUCATIj.: Employees should be informed regarding the cor.se dust particles ar.a the complications such as T-5, car vhich night develop. If they are familiar vitn the i: likely to make greater effort tc protect themselves. es of inhaling lung access, etc. .3 involved, they are G. w TEP.SOJAL Fh.OTZCnVE It has been J-M's errperier.ee that persen.ml protective devices sue;:: as casks and respirators arc cniy 5C*> effective. This tyre cf equipment, therefore. should be used only in emergencies and fer exposures of short duration h. diag;.'csi::g as31stceis In his letter describing the recent hearing in malispell. Kor.tena. Chuck Dugan states "It seems that as'oestosis cannot be definitely established unless e biopsy is done on lur.n tissue''. Apparently this was brought out in the testimony. Both Fenner and Sheckler dispute this. It is their contention that an experienced physician could identify as'-estesis in X-Bny pictures. (I also have a fiver from the Division of Occupational nyrieue, Inssacrrusetcs Tennrtment of Labor ar.d are considered characteristic for asoejtosi ) R. W. Sterrett -UDust Control January 5, 19S7 ofioism Both Fenner end Sheckler repeated several tines the necessity for Rood housekeeping in dust control programs. J-H's manual of Environmental Control Standards contains a rather substantial section on housekeeping. J. AflO'i'KZR MESTIZO If ve so desire, Fenner and Sheckler indicated they vould be happy to meet vith you, Ed Hears and all others concerned, here at Cambridge, for purposes of further discussing the problea. If ve'd like to set up such meeting they suggested a date betveen January 15 and January 2b, during which period they both vould be available. K. my co::hzhts It is^ my opinion, unless it is undesirable from a business-relation standpoint', that ve should get J-H to do the survey for us. This should be done as soon as possible. You will have to sake a request for such service of Burnett. I will accompany their man to Libby, coordinate the survey, observe and assist him, end if I feel there is Justification for our (Central Engineering) getting suitable dust sampling equipment, I vill make such recommendation. This vould enable us to spot check Libby as veil as expanding plants. As indicated under item A-3, arrangements should be made vith a physician, specializing in pulmonary diseases, for examination aad testing of he 32 employees in question. For the names of competent doctors in this regard, I vould suggest seeking the help of the Seattle office of Maryland Casualty. If Libby management so desires, I shall be glad to start the hall rolling on this. After a physician hah been contacted end tentative arrangements for examination and testing made, vork histories or. the 32 employees should he written up. As indicated in item A-2, the physician should he consulted before the vork history form is finalised. 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O H 9 S ^ *, S'n (ft'3 c* If H o. ^o 1o ne* a j we>:_ 1A _ r* C O *3 *3 W 2e EP' .oari* 3 Ho'-Oo 3** g 3 3 S "< S 3 3 A 2 o 3 -- f r- r* WBl TS3 tPt 5p ** A M O CL 33 S O. *^<X p 7 A A3 O'3 M t5t* O< h> A S tt* P A U r3* VVAOS*1 A<* *1 O' M X A K1* c* U o c* A 3 t* P- fB f O (ft 5A I tr s VO O' M *I *1 O ?r o ca S' q e o T. s ohn Doe cf. lion 1H-601 Hoik Ilia lo ry Dates o f E-.oloyment T r, Mo. Day Biploymcnt Dept. Nano aril Humber 0 fi 4 G l 2 Raw M a te ria ls P o te n tia l Exposure o n a- M% *> "s S 3* Ae xiS 83 *?. S <" n &2 Ii S_SA`SUCn,*OnaA $* nMoSx_' *iAw.. u ah UA< O i . 00 VO'A 0s9r S? <0* <o* CK * NO N O3AOU' 3oA *1;aS a (/IO>7 ot n A& M 14 1Mw V\ ia tnniA3a CL I 3A ouo *o 1a 0 o* o u l 1 3 9 > <8 & oiA I VA TOTAL PERIOD OF OUTSIDE POTENTIAL EXPOSURE: 10 y rs . approxim ately DATE OF SE7ARATI0II: R etired March 1, 1958